Deal v. Houston County
Supreme Court of Alabama
Appeal from Circuit Court, Houston County ; H. A. Pearce, Judge. Suit by L. S. Deal against Houston County. Judgment for defendant, and plaintiff appealed. Transferred from the Court of Appeals under Act April 18, 1911 (Laws 1911, p. 450), § 6.
1Opinion of the CourtThomas, J.
The suit was based on an itemized, verified account, under the statute. Code, § 3970. The general issue only was pleaded. The judgment hy the court, trying without a jury, was for the defendant.
[1] Counsel overlook the construction which has been given the act of September 25, 1915 (Gen. Acts, p. 824) — Ahlrichs v. Rollo, 76 South. 37; Hackett v. Cash, 196 Ala. 403, 72 South. 52; Finney v. Studebaker Corporation of Amer., 196 Ala. 422, 72 South. 54— to the effect that where the evidence adduced before the judge trying without a jury was developed ore tenus, or partly so, the finding of the…
2Cases cited19 opinions
- The Floyd AcceptancesSupreme Court of the United States · 1869
- Whiteside v. United StatesSupreme Court of the United States · 1876
- Hackett v. CashSupreme Court of Alabama · 1916
- Clark v. City of Des MoinesSupreme Court of Iowa · 1865
- Lee v. MunroeSupreme Court of the United States · 1813
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- McSwean v. McSweanSupreme Court of Alabama · 1920
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